Private enforcement in the UK: effective redress for consumers?

Research output: Chapter in Book/Report/Conference proceedingChapter

2 Citations (Scopus)

Abstract

In Chapter 12, Barry Rodger retraces his footsteps in relation to his contributions in both earlier collections on the theme of private enforcement in the UK, with a particular slant on the extent to which consumers have benefited, or may benefit, from statutory and case law developments in the area. Accordingly, this chapter assesses how private enforcement of competition law rights has developed in the UK over the last twenty years. Key legislative developments, inter alia the Competition Act 1998, Enterprise Act 2002 and Consumer Rights Act 2015, have transformed the private enforcement architecture, notably with the introduction, and increasingly significant and enhanced role of the specialist tribunal, Competition Appeal Tribunal, and the availability of an opt-out collective redress mechanism. The chapter assesses the key UK statutory and case law developments, in comparison with the US private antitrust enforcement model, to reflect on the disappointing extent to which effective redress for consumers has been provided to date, despite those legal and institutional developments, although the recent Supreme Court ruling in Merricks should be pivotal in this context.
Original languageEnglish
Title of host publicationThe UK Competition Regime
Subtitle of host publicationA Twenty-Year Retrospective
EditorsBarry Rodger, Peter Whelan, Angus MacCulloch
Place of PublicationOxford
PublisherOxford University Press
Chapter12
ISBN (Electronic)9780191904615
ISBN (Print)9780198868026
DOIs
Publication statusPublished - 6 May 2021

Keywords

  • enforcement powers
  • enforcement and procedure
  • national enforcement
  • private enforcement
  • UK

Fingerprint

Dive into the research topics of 'Private enforcement in the UK: effective redress for consumers?'. Together they form a unique fingerprint.

Cite this